Statutes of Limitation (and Repose) May not Apply in Arbitration

"A statute of repose, as opposed to a statute of limitation, with a few exceptions, means that no matter when the claimed defect is 'discovered,' the claim is barred if not brought within a specific period of time after substantial completion", explain lawyers with Bradley Arant. In contrast, statutes of limitations generally don't start running until the plaintiff discovered, or should have discovered, the facts supporting the claim.

The lawyers say a recent arbitration panel ruled that Tennessee's four-year statute of repose did not apply in arbitration, and that other arbitrators and courts have ruled similarly about various states time bars.